§ 22-407. Utility Locations, Easements, and Rights-of-Way.

Widths and locations of easements and rights-of-way shall be determined by the Borough Engineer or the appropriate authority or utility company for all utilities, including stormwater facilities, and shall be governed by the requirements herein.

1. 

General Standards.

A. 

Easements and required front, side or rear yards may co-occupy the same land.

B. 

Nothing shall be permitted to be placed, set, or put within the areas of an easement unless it is a portable or removable object. The area shall be landscaped in accordance with § 22-428.

C. 

The owner of any lot, upon written request by Phoenixville and at the owner's sole expense, shall remove anything placed, planted, set or put (with or without knowledge of these regulations) within the area of any easement.

D. 

To the fullest extent possible, easements shall be adjacent to rear or side lot lines and occupy only a portion of one lot (not centered on two lots).

2. 

No right-of-way or easement for any purpose whatsoever shall be recited or described in any deed unless the same has been shown on the approved plan. Any error found in a deed shall be immediately corrected and rerecorded in the office of the Recorder of Deeds for Chester County and at the sole expense of the property owner.

3. 

Utility Easements. A minimum width of 20 feet shall be provided for common utilities and drainage when provided in undedicated land for one use. Multiple utility uses within one easement or unusual size and/or depth may require additional easement width, as determined by the Borough Engineer.

4. 

Public Utilities. All water, sewer and gas mains and other underground facilities shall be installed prior to street paving at locations approved by the Borough Engineer, or the appropriate utility agency.

5. 

Underground Utilities. All water, sewer, and gas mains shall be installed underground. All electric, telephone and communication services, both main and service lines, shall be provided by underground cables, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services, except where it is demonstrated to the satisfaction of the Borough Council that underground installations herein required are not feasible because of physical conditions of the lands involved. All main underground cables which are within the right-of-way of a street shall be located as specified by the utility company, subject to approval by the Borough Council, upon recommendation of the Borough Engineer.

A. 

In order to promote or facilitate the underground installation of utility distribution lines, a letter of endorsement shall be required from the suppliers of utility service (not limited to electrical, telephone, cable and Internet) of the developer's choice wherein the applicant acknowledges that underground utilities are feasible and shall be consummated as part of the improvement plan.

B. 

A statement relative to the intent of the developer to provide underground utility service shall be placed on the final plan requisite to final approval of the plan.

C. 

The provisions in this chapter shall not be construed as to limit or interfere with the construction, installation, operation and maintenance of public utility structures or facilities which may hereafter be located within public easements or rights-of-way designated for such purposes.

D. 

Light standards shall be complied with as required by the Zoning Ordinance. Power source for such standards shall be placed underground as required.

Editor's Note: See Ch. 27, Zoning.

Ord. 2016-2267, 10/11/2016